Reference Rent Explained: Tenant Rights in Austria
As a tenant in Austria it is important to understand the reference rent and your basic tenant protection rights. This article explains in simple terms how the reference rent works, when landlords may adjust rents and what rights you have regarding repairs, heating issues or a termination. You receive practical guidance on which documents are useful as evidence, which deadlines to observe and how to contact authorities or courts. The guide is aimed at non-lawyers and gives clear steps on how to check your claims, respond to rent increases and submit necessary forms.
What is the reference rent?
The reference rent is a legal orientation value used for calculating permissible rents in many older and subsidised apartments. It is based on the Mietrechtsgesetz (MRG) and helps determine whether a rent increase is within acceptable limits[1].
Your rights as a tenant
As a tenant you are entitled to information, safe living conditions and deadlines for objections. Check your lease carefully and collect evidence for payments and defects.
- Check the rent amount (rent) and keep receipts.
- Request written communications (notice) such as rent increases or terminations.
- Report defects and request repairs (repair).
- Consider judicial steps (court) if necessary.
What to do in case of a rent increase?
If a rent increase is announced, check the document for formalities and deadlines. Not every increase is permissible; request justification and compare to the reference rent.
- Check the written notice and observe deadlines (deadline).
- File an objection or propose a settlement (notice).
- Collect evidence: correspondence, photos, receipts (evidence).
Reporting repairs and defects
Defects such as lack of heating, damp walls or broken sanitary installations should be reported immediately and deadlines set. If no remedy is possible, you may have rights to rent reduction or damages; in disputes the district court can be competent[2].
- Report defects in writing and set a deadline for remedy (repair).
- Gather photos and logs as evidence (evidence).
- Seek legal advice if problems persist (notice).
Frequently Asked Questions
- What does "reference rent" mean?
- The reference rent is a legal orientation value used when calculating permissible rents under the MRG.
- Can the landlord simply raise the rent?
- A rent increase must be formally justified and meet deadlines; not all increases are automatically valid.
- Where can I get help?
- You can contact tenant protection associations, the district courts or use the judiciary's online forms to enforce your rights.
How-To
- Check your lease and recent rent receipts (evidence).
- Send a written inquiry or objection to the landlord (notice).
- Document defects and set a deadline for repair (repair).
- Contact legal advice or the district court if no agreement is reached (court).
- Reach out to tenant support organisations and submit documents if needed (contact).
Key Takeaways
- Check any rent increase promptly and in writing.
- Report defects immediately and document thoroughly.
- Use tenant support services and official forms for assistance.
Help and Support / Resources
- RIS: Laws and rent information
- Justiz.gv.at: Court information and contacts
- JustizOnline: e-forms and submissions
